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STATE OF S.D. v. DOLE

No. 85-5223.

791 F.2d 628 (1986)

STATE OF SOUTH DAKOTA, Appellant, v. Elizabeth H. DOLE, Secretary, United States Department of Transportation, Washington, D.C., in her official capacity, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 21, 1986.

Attorney(s) appearing for the Case

Mark V. Meierhenry, Atty. Gen., Pierre, S.D. and J. Wallace Malley, Jr., Asst. Atty. Gen. (amici curiae), Montpelier, Vt., for appellant.

Robert V. Zener, Dept. of Justice, Washington, D.C., for appellee.

Before ARNOLD, Circuit Judge, TIMBERS, Senior Circuit Judge, and FAGG, Circuit Judge.

FAGG, Circuit Judge.

The State of South Dakota appeals the dismissal of its complaint challenging the constitutionality of a 1984 amendment to the Surface Transportation Assistance Act of 1982. 23 U.S.C. § 158. The challenged amendment was enacted under Congress's spending power, U.S. Const. art. I, § 8, cl. 1, and was intended to encourage states to raise their minimum drinking age to twenty-one. Finding no constitutional impediment to Congress's action...

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